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(영문) 수원지방법원 2015.04.15 2014고단5421

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on January 1, 2009, leased 1 gold-type production equipment CNC show Co., Ltd. (product name: 200, No. 2589196), which is the market value of the damaged company, and kept in custody, without compensation, at the victim Sobo Co., Ltd., Ltd. located in Seo-gu, Incheon, Seo-gu, Incheon, 541-1.

On October 21, 2009, the Defendant provided the above gold-type production equipment to the Namcheon Industrial Machinery Co., Ltd. at the Seoul Joint Law Office by a notary public of 386-1 of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as a security for transfer at his own discretion, and continuously sold it to the said Seocheon Industrial Machinery Co., Ltd. on July 29, 201 and embezzled it.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. Statement of D police statement;

1. Notarial deeds;

1. Application of statutes governing a sales contract (as of July 29, 2011);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the confession of and reflects on the crime in this case